A bank acting as an agent for collection of cheques is under a legal obligation to exercise due diligence in presenting instruments within their validity period. Failure to re-present cheque..

Loan repayments leading to acquisition of assets partake the character of capital investment and cannot be equated with necessary or unavoidable expenditure for the purpose of determining ma..

A decree of divorce granted on the ground of desertion does not, by itself, bar a divorced wife from claiming post-divorce maintenance under Section 125 CrPC or Section 144 BNSS. The definit..

Under Section 69 of the Bharatiya Nyaya Sanhita, an accused cannot escape liability for false promise of marriage by claiming that his existing relationship with another woman was merely a l..

A husband cannot evade maintenance obligation by suppressing financial information. Where an able-bodied husband withholds material details about income and assets, the court is entitled to ..

A withdrawal slip drawn on a cooperative society engaged in banking activities falls within the definition of "cheque" under Section 6 of the Negotiable Instruments Act. A cooperative societ..

A Family Court possesses power to direct medical examination of a spouse to determine mental disorder in divorce proceedings under Section 13(1)(iii) of the Hindu Marriage Act. However, such..

An insurance company cannot be exonerated from liability to pay compensation in motor accident claims merely because the injured person was a gratuitous passenger on a goods vehicle. The ins..

A husband cannot be absolved of his obligation to maintain his minor child merely because the wife is earning. Where the mother has custody, her contribution of time, effort, and emotional s..

A woman in an extra-marital relationship with a husband does not qualify as a "relative" under Section 498-A of the Indian Penal Code. The term "relative" connotes a status conferred by bloo..

Failure to produce an arrested person before a Magistrate within 24 hours of arrest violates Article 22(2) of the Constitution. Such illegality in detention cannot be cured by a subsequent r..

When presence of witnesses summoned under Section 311 CrPC cannot be secured despite all efforts, including service of bailable and arrest warrants, the trial court is justified in closing s..